Proposal Calls For Inspections Of Smoke, Vape Shops

Assemblyman John Zaccaro, D-Bronx, is pictured at a Puerto Rican Day celebration earlier this year.
More inspections of tobacco and vape shops and higher fines for violations could be on the state Assembly’s agenda come January.
Legislation (A.8243) introduced recently by Assemblyman John Zaccaro Jr., D-Bronx, would require random inspections each quarter of any retail premises authorized to sell tobacco and vapor products while also increasing penalties, surcharges and license revocations for businesses that violate state Public Health Law.
Zaccaro is concerned shops are selling cannabis without the appropriate state licenses. The quarterly inspections are prompted by the proliferation of illegal marijuana shops that have sprung up in Zaccaro’s district. The Bronx lawmaker held a public forum recently with officials from the New York City Sheriff’s Office, New York City Department of Consumer and Worker Protection, and state Office of Cannabis Management.
“As a result of the legalization of adult-use cannabis in New York there has been a proliferation of regulated tobacco retailers – smoke shops – that have sold unregulated and illegal cannabis and tobacco products in violation of the law. Sherriff’s Departments and their partners in law enforcement across the state have stepped up targeted inspections of tobacco retailers, Zaccaro wrote in his legislative justification.
A.8243 would also increase the civil penalty for a first violation to a minimum of $600 and not more than $10,000. Subsequent violations could have fines ranging from $2,000 to $5,000. A retail dealer selling tobacco products while their registration is suspended or revoked would face a civil penalty of $10,000. Zaccaro also proposes requiring the state taxation and finance commissioner to revoke a dealer’s registration for three years if, after a hearing, it is found the dealer has violated state law four times in a three-year period. The surcharge for violations would also double from $250 to $500.
In October, Gov. Kathy Hochul said the state’s enforcement efforts against the illegal sale of cannabis across the state by the state Office of Cannabis Management and the state Department of Taxation and Finance have seized more than 8,500 pounds of illegal product with an estimated street value of more than $42 million. She also said localities will be allowed to pursue padlocking orders from state courts against businesses illegally selling cannabis and a new multi-agency initiative to target illegal operators for labor violations, increasing fines and penalties that businesses may face.
“We know there’s room for improvement as New York works to launch a brand-new cannabis industry and crack down on illicit operators, and I’m committed to working with all stakeholders to get the job done right,” Hochul said. “My administration is laser-focused on shutting down illegal storefronts, protecting the health and safety of children, and helping small businesses thrive.